The Catholic World, Vol. 01, April to September, 1865: A Monthly Eclectic MagazineVarious
Religion
The Catholic World, Vol. 01, April to September, 1865: A Monthly Eclectic Magazine
Various
Catholic Church -- Periodicals
These entangled contests may rest in peace, so far as the actual
decisions are concerned. And so may others of a somewhat analogous
nature. Such, for instance, as the case of an old lady and her
housekeeper at Portsmouth. They were both murdered one night. The lady
had willed all her property to the housekeeper, and then, the lawyers
fought over the question as to which of the women died first. Or, the
case of a husband who promised, on his marriage-day, to settle £1,200
on his wife "in three or four years." They were both drowned about
three years after the marriage; and it was not until after a tough
struggle in chancery that the husband's relatives conquered those of
the wife--albeit, the money had nearly vanished in law expenses by
that time. Or, the case of a man who gave a power of attorney to sell
some property. The property was sold on the 8th of June, but the man
was never seen after the 8th of the preceding March, and was supposed
to have been wrecked at sea; hence arose a question whether the man
was or was not dead on the day when the property was sold--a question
in which the buyer was directly interested. The decisions in these
particular cases we pass over; but it is curious to see how the law
sometimes tries to _guess_ at the nick of time in which either one of
two persons dies. Sometimes the onus of proof rests on one of the two
sets of relations. If they cannot prove a survivorship, the judgment
is that the deaths were simultaneous. Sometimes the law philosophizes
on vitality and decay. The Code Napoleon lays down the principle that
of two persons who perish by the same calamity, if they were both
children, the elder probably survived the younger by a brief space, on
account of having superior vital energy; whereas, if they were elderly
people, the younger probably survived the elder. The code also takes
anatomy and physiology into account, and discourses on the probability
whether a man would or would not float longer alive than a woman, in
the event of shipwreck. The English law is less precise in this
matter. It is more prone to infer simultaneous death, unless proof of
survivorship be actually brought forward. Counsel, of course, do not
fail to make the best of any straw to catch at. According to the
circumstances of the case, they argue that a man, being usually
stronger than a woman, probably survives her a little in a case of
{126} simultaneous drowning; that, irrespective of comparative
strength, her greater terror and timidity would incapacitate her from
making exertions which would be possible to him; that a seafaring man
has a chance of surviving a landsman, on account of his experience in
salt-water matters; that where there is no evidence to the contrary, a
child may be presumed to have outlived his father; that a man in good
health would survive one in ill health; and so forth.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account